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jabberwocky avatar image
jabberwocky asked ·

Removal of Listing Notice - False copyright claims - It could be everyone

How to fight against malicious and false copyright claims?

I got a "Removal of Listing Notice" by MBA. Somebody claims designs as his own, I made over two years ago.

I wrote at merch-sellers-contactus@amazon.com, attached my vector graphics and screenshots which proves that I created these designs and I already used them on other PODs since over two years. I only got the answer:

"We do not handle infringement claims. Please work with the intellectual property owner to settle any rights dispute. The intellectual property owner must contact us directly to confirm that they approve the publishing of the design in question."

But I'm the intellectual property owner of this graphic designs. There also is no registered trademark. So I'll never get an answer or proof by this suspicious user. So anybody can create a generic email address just to damage competitors. How can we defend our self against this abuse of the report system, when MBA not even in a doubtful claim asks for a proof?

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true898 avatar image
true898 answered ·

Same here. Just had 4 takedowns for designs listed 2 years ago. The scumbag claiming rights is not responding to their email. Same story there is no registered trademark and the designs are parodies of 'Straight Outta'. We don't even get a full name, phone number or location. This is nuts.

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Was the guy who made the false claim named maibnn 77?

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Yepp this guy.

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Seems to be a troll. The guy who referred me to this post also got a removal notice from this guy.
Somebody should tell him that false copyright infringement claims are illegal by perjury.

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TEES avatar image
TEES answered ·

When they file a claim against you and its incorrect and untrue then you can easily sue them. Especially if they are claiming rights to your visual art. They know that ...but always think you aren't going to fight back and now they win the algorithm and able to keep their style selling. Now if you show your copyght registration and get an attorney they are willfully guilty and screwed. Most attorneys will take on contingecy if you actually have registered your copyright (has up to $150k in statutory damages). If you can prove you created it first you will have a great case. Statutory only if you registered. If it's an idea and someone just manipulated it to make it their own...well then in most cases they can say and do anything.

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Who does register typographic designs (which may don’t meet the minimal standards of originality to qualify for copyright)? I only register complex graphics, because of the fees. The next problem is we get only an email address by amazon. If I take a lawyer, I’ll get stuck with the costs, because the opponent will ignore the emails. I bet the name and address he gave to amazon are also a fake. As long as amazon doesn’t accept DMCA counter-notifications we have no chance to defend the health of our MBA accounts against these abusers of the copyright report system.

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brucestanfield answered ·

Yes same guy, 77, wtf, who does he think he is? he never answers and I can do nothing like you all, this is nuts

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newuser-b03f8515-5399-4f09-9400-51d13cbfa532 avatar image
newuser-b03f8515-5399-4f09-9400-51d13cbfa532 answered ·

I've had 15 takedowns all by some person named "1006." They're just going across my brand and taking down everything. What recourse do we have against this? Amazon gives no reason and the 1006 troll does not respond to emails.

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Amazon definitely must improve it's system. First do I always get the emails that my email is not associated with a seller account when mailing the copyright-mail and then we can't defend ourselves against trolls like 77 or 1006.

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nucky_bad answered ·

I'd propose to draft an idea on how to improve dispute solutions, copyright takedowns and more because at the current stage this is hurting us more than the trolls who are reporting our designs.

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okokokokoko answered ·

yes this system lacks any type of natural justice recourse if the claimant can simply ignore your emails

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newuser-a82f4bdb-54e7-4055-bec5-601a8024213f avatar image
newuser-a82f4bdb-54e7-4055-bec5-601a8024213f answered ·

I think it is unfair that in the e-mail I got it just have My ASIN, not the persons, so I cannot see what /who the guys is?!

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